Tag: Probate Code Section 1046

Fog Warning – Has One Bad Actor Made It Harder to Get Evidentiary Hearings?

There’s a saying amongst attorneys that “bad facts make bad law.”  By extension, “really bad facts” can throw probate procedure into flux by making it harder to qualify for an evidentiary hearing.  That’s arguably what happened in Conservatorship of Farrant (2021) 67 Cal.App.5th 370, a decision issued this month by the California Court of Appeal.  … Continue Reading

Immortal Right — Income Beneficiary’s Entitlement to Accounting Continues After Death

Many California trusts confer a lifetime right to income on a person (often the surviving spouse) with the remainder passing to designated survivors upon the income beneficiary’s death.  When the income beneficiary dies, is it too late for the executor of the beneficiary’s estate to request an accounting for the purpose of evaluating whether the … Continue Reading
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